OPA 90: Increase in liability limits

New Limits of Liability under OPA 90 come into effect on December 21, 2015.

The USCG recently published a final rule establishing increased limits under the Oil Pollution Act of 1990. The increases are based on increases in the U.S. Consumer Price Index (CPI). The new limits embody the act's 'polluter pays' principle while preserving the financial deterrent. The recent final rule also grants the USCG a more simplified procedure for future similar increases.

Revised liability limits:Source CategoryPrevious Limit of Liability New Limit of Liability

1) The OPA 90 limits of liability for tank vessels , other than edible oil tank vessels and oil spill response vessels, are
(i) For a single-hull tank vessel greater than 3,000 gross tons	The greater of $3,200 per gross ton or $23,496,000	The greater of $3,500 per gross ton or $25,845,600
ii) For a tank vessel greater than 3,000, other than a single-hull tank vessel	The greater of $2,000 per gross ton or $17,088,000	The greater of $2,200 per gross ton or $18,796,800
iii) For a single-hull tank vessel less than or equal to 3,000 gross tons	The greater or $3,200 per gross ton or $6,408,000	The greater of $3,500 per gross ton of $7,048,800
iv) For a tank vessel less than or equal to 3,000 gross tons, other than a single-hull tank vessel	The greater of $2,000 per gross ton or $4,272,000	The greater of $2,200 per gross ton or $4,699,200
(2) The OPA 90 limits of liability for any other vessel, including for any edible oil tank vessel and any oil spill response vessel, are-	The greater of $1,000 per gross ton or $845,400	The greater of $1,100 per gross ton or $939,800